This record is a partial extract of the original cable. The full text of the original cable is not available.

311520Z Jan 01

 

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ACTION AF-00    

INFO  LOG-00   NP-00    AID-00   AMAD-00  ACQ-00   CIAE-00  INL-00   
      DINT-00  DODE-00  SRPP-00  DS-00    EB-00    EUR-00   FBIE-00  
      VC-00    H-01     TEDE-00  INR-00   IO-00    LAB-01   L-00     
      VCE-00   AC-01    NSAE-00  OIC-02   OMB-01   OPIC-01  PA-00    
      PM-00    PRS-00   ACE-00   P-00     SP-00    STR-00   TRSE-00  
      USIE-00  PMB-00   DSCC-00  PRM-01   DRL-02   G-00     NFAT-00  
      SAS-00     /010W
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CITE RUEHNR 6877
FM AMEMBASSY HARARE
TO SECSTATE WASHDC PRIORITY 8158
INFO NSC WASHDC PRIORITY
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
AMEMBASSY NAIROBI

C O N F I D E N T I A L SECTION 02 OF 02 HARARE 000613 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR 
LONDON FOR GURNEY 
PARIS FOR WILLIAMS 
NAIROBI FOR PFLAUMER 
 
E.O. 12958: DECL. 01/31/11 
TAGS: PGOV PHUM PINS ZI
SUBJECT:  SUPREME COURT OVERTURNS MUGABE ELECTORAL DECREE 
 
 
...BUT EXPECTS THE UNEXPECTED FROM ZANU-PF 
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¶6.  (C) MDC MP BITI TOLD POLOFF THAT HE EXPECTS THE 
GOZ/ZANU-PF TO PULL OUT ALL THE STOPS IN DELAYING HIGH 
COURT ACTION ON THE LEGAL CHALLENGES.  HE WOULD NOT BE 
SURPRISED, FOR INSTANCE, IF PRESIDENT MUGABE ENCOURAGED 
PARLIAMENT TO PASS A LAW PROHIBITING ANY CHALLENGES TO LAST 
JUNE'S RESULTS.  SUCH A LAW WOULD CLEARLY BE 
UNCONSTITUTIONAL, BITI SAID, BUT IT WOULD ENSURE THAT THE 
CASES IN THE HIGH COURT WOULD AGAIN COME TO A HALT UNTIL 
THE SUPREME COURT STRUCK DOWN THE NEW LAW.  IN A SEPARATE 
CONVERSATION, MDC SENIOR ADVISOR GANDI MUDZINGWA TOLD US 
THAT THE GOZ'S GOAL IS TO FIND A WAY TO KEEP DELAYING HIGH 
COURT ACTION UNTIL THE MDC GIVES UP THIS FIGHT IN ORDER TO 
CONCENTRATE ITS SEVERELY LIMITED RESOURCES ON THE 2002 
PRESIDENTIAL ELECTION. 
 
COMMENT 
------- 
 
¶7.  (C) WE WOULD HAVE BEEN SURPRISED HAD THE SUPREME COURT 
RULED ANY OTHER WAY, AS MUGABE'S DECREE WAS A CLEAR 
VIOLATION OF THE CONSTITUTION.  WE WERE TAKEN ABACK, 
HOWEVER, BY THE SUBDUED REACTION FROM THE MDC 
REPRESENTATIVES WITH WHOM WE SPOKE.  THEIR EXPECTATION, 
THOUGH, THAT THE GOVERNMENT WILL DO ALL IT CAN TO DELAY 
ACTION IN THE HIGH COURT IS WELL-PLACED.  THE MDC WOULD 
ONLY HAVE TO WIN 20 BY-ELECTIONS IN ORDER TO ACQUIRE A 
MAJORITY IN PARLIAMENT, AND THE GOZ WANTS TO AVOID THIS 
POSSIBILITY AT ALL COSTS.   END COMMENT. 
 
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IRVING 
 
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